HARARE – Property tycoon Philip Chiyangwa has won the right to evict 30 people who occupied his Old Citrus Farm.
Chiyangwa won a similar case last year which resulted in some of the occupiers leaving, but the 30 continued occupying the land.
The present matter spilled into the courts recently after the occupiers sued Chiyangwa accusing him of evicting them unlawfully.
The 30 filed an urgent chamber application against the Zanu PF politician seeking an order interdicting him from disturbing their occupation.
They also accused him of buying police officers to intimidate them, further stating that they were now staying in the mountains fearing harassment.
But High Court judge Pisirayi Kwenda ruled that the dwellers came to court with dirty hands.
“In deciding this matter, I make the following findings. A person in occupation of gazetted land must give up occupation or use of such land voluntarily because the law commands him or her to do so unless he or she has lawful authority to remain in occupation or use the land,” Justice Kwenda said.
“Similarly, no-one may take occupation or use of gazetted land without lawful authority.”
The judge said anyone who remains in occupation will be committing a crime.
“Applicants in this case are aware that the land they occupy was duly acquired by the state and gazetted. The gazetting and acquisition is within their knowledge. They don’t have to wait to be evicted. The law requires them to give up occupation voluntarily.
“In my view, an order of this court protecting, by way of an interdict, unlawful conduct would have the effect of putting the applicants above the law. The application can therefore not succeed.”
Chiyangwa was cited as the first respondent. Also cited as respondents in the application were the officer in charge at Chinhoyi Rural Police Station, the officer in charge at Chinhoyi CID offices, the officer commanding Mashonaland West and lands minister Anxious Masuka.
The judge ruled the other respondents cannot be blamed over what happened to the residents. He said the police officers were only exercising their law enforcement duties, adding that it was the duty of the Sheriff to evict them.
In her founding affidavit on behalf of others Abigail Dzepasi told the court that commotion started on September 24 this year.
She alleged that Chiyangwa sent his manager Tafadzwa Kwaramba who was in the company of some police officers. She alleged that they randomly attacked and intimidated them to leave.
She said the police moved from door-to-door opening people’s houses, searching and confiscating things like cash and other valuables.
On September 25, Dzepasi said those who were arrested were taken to the magistrate’s court at Chinhoyi where they were released on bail of $2,000 for allegations of contravening section 3 of the Gazetted Lands Act.
She said on September 27 police officers visited the area again. Some residents were injured during the commotion and cannot seek medical attention at clinics or hospitals because police reports are needed, she added.
